Motor Vehicle Safety Act (S.C. 1993, c. 16)

Marginal note:Evidence

• 19 (1) In a prosecution under this Act, evidence that a vehicle or equipment bore a name or mark purporting to be the name or mark of a company engaged in the business of manufacturing, importing or selling vehicles or equipment is, in the absence of evidence to the contrary, proof that the vehicle or equipment was manufactured, imported or sold, as the case may be, by that company.

• Marginal note:Idem

  (2) In a prosecution under this Act, evidence that a vehicle or equipment bearing a national safety mark was manufactured by a company is, in the absence of evidence to the contrary, proof that the national safety mark was affixed by the company.

Forfeiture

Marginal note:Forfeiture — conviction for offence

• 19.1 (1) If a person is convicted of an offence under this Act, the court may order that a seized vehicle, equipment or component by means of or in relation to which the offence was committed be forfeited to Her Majesty in right of Canada.

• Marginal note:Disposal

  (2) A seized vehicle, equipment or component that is forfeited may be stored and disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Marginal note:Forfeiture — on consent

19.2 If the owner of a seized vehicle, equipment or component consents to its forfeiture, the seized vehicle, equipment or component is forfeited to Her Majesty in right of Canada and may be stored and disposed of at the owner’s expense.

Research, Analysis, Testing and Fees

Marginal note:Powers of Minister

• 20 (1) The Minister may

  • (a) conduct any research, studies, evaluations and analyses that the Minister considers necessary for the administration and enforcement of this Act;

  • (b) undertake research and development programs for the study of the impact of vehicles, drivers of vehicles, and streets and highways on road safety, energy conservation and the environment and for the promotion of measures to control that impact;

  • (c) establish and operate facilities for the testing of vehicles, equipment and components, and acquire test equipment for that purpose;

  • (d) make the facilities referred to in paragraph (c) and all related materials, parts and services available to any person;

  • (e) collect any information related to vehicles or equipment that the Minister considers to be in the public interest; and

  • (f) publish or otherwise disseminate any information, other than personal information, relating to the activities of the Minister under this section.

• Marginal note:Personal information

  (1.1) For the purposes of paragraphs (1)(a), (b) and (e), the Minister may collect personal information, as defined in section 3 of the Privacy Act, including personal information from third parties.

• Marginal note:Fees and prices to be charged

  (2) The Minister may, by order, determine or establish the manner of determining a fee to be charged for any facility or service made available to any person under paragraph (1)(d), the price to be charged for any material or part referred to in that paragraph, and the terms of payment of fees and prices so charged.

• Marginal note:Application of charges

  (3) Any amount charged pursuant to subsection (2) may be applied against the cost of making facilities, materials, parts and services available to persons under paragraph (1)(d).

• Marginal note:Recovery of charges

  (4) Any amount charged pursuant to subsection (2) may be recovered as a debt due to Her Majesty in the Federal Court.

21 [Repealed, 1999, c. 33, s. 354]

Repeals

22 and 23 [Repeals]

Coming into Force

Marginal note:Coming into force

Footnote ^*24 This Act shall come into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force April 12, 1995, see SI/95-40.]